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Kenya decisions
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In re Estate of John Kiptoo Kipserem (Deceased) [2025] KEHC 5925 (KLR)
The High Court at Eldoret dismissed a summons to revoke a grant, finding the applicants failed to prove a customary marriage or dependency on the deceased.
Wabule & 3 others v Elegwa [2025] KEHC 1177 (KLR)
High Court partly allowed a succession appeal, ordering a remittal for viva voce evidence on paternity while upholding the rest of the trial court’s ruling.
In re Estate of Samuel Mithanga Watene [2025] KEHC 2119 (KLR)
The High Court dismissed a family appeal over an estate dispute, holding that the magistrate had jurisdiction to determine customary trust and that the trust was proved.
In re Estate of John Itegi Githinji (Deceased) [2024] KEHC 16155 (KLR)
The High Court dismissed an application for DNA testing and exhumation in a succession cause, finding the affected persons were not joined as parties and no sufficient nexus was shown.
Chombo & 4 others v Estate of Kassim Hamisi Nyuni (Deceased) Formerly [Kassim Hamisi Nyuni] [2024] KEELC 13740 (KLR)
The court dismissed an application for stay of execution pending appeal, finding the applicants had not shown substantial loss or proposed security.
In re Estate of Kipkoros arap Murgor (Deceased) [2024] KEHC 14401 (KLR)
The High Court revoked a grant and certificate of confirmation in an estate matter after finding the petitioner concealed a beneficiary and obtained them through misrepresentation.
In re Estate of the Late Gitau s/o Thinji (Deceased) [2024] KEHC 13650 (KLR)
The High Court in Nyeri dismissed applications to join a succession cause and to obtain prohibitory orders, holding the claims were res judicata and lacked locus standi.
Rehal v Rehal [2024] KEHC 13603 (KLR)
The High Court at Kisumu ordered the respondent to release Kshs. 4,000,000 to the applicant for upkeep and hospital bills, pending determination of the main suit.
In re Estate of Paul Marusoi alias David Chesimet Arap Koech (Deceased) [2024] KEHC 11324 (KLR)
The court found that the applicant failed to demonstrate any of the statutory grounds required for revocation of the grant under section 76 of the Law of Succession Act. There was no evidence of fraud, concealment of material facts, or procedural defect in the issuance of the grant. The court further held that the proposed rectification sought to fundamentally alter the list of beneficiaries and the mode of distribution, which is outside the limited scope of rectification permitted under section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. Such subst…
Source excerpt
Ndurya & another (As personal representatives of the Estate Of Charles Ndurya Chimoni) v Kidai [2024] KEHC 15346 (KLR)
The High Court dismissed a summons to revoke a grant in a succession cause, finding no proof of a customary marriage or contribution to the estate property.
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